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April 21, 2016

If you’re a designer, you’ve undoubtedly pushed out many of
your personal creative projects online. In all likelihood, you’ve spent a lot
of your time and hard work to create designs that affect others in a profound
manner. All you ask for is recognition and credit for your creative expression
— yet what happens if somebody claims your work as their own?

This is, by and large, a huge fear for many designers.
Whether you’re a graphic designer, a web developer or a UI/UX artist, it can be
a flagrant offense when others steal your intellectual property. What you
should know: you can legally protect your creative property. By partnering with
the right lawyer, you can grant yourself peace of mind.

All designers are defined by the content they produce and
when something as subjective as ‘creativity’ comes into play, it can become a
breeding ground of legal issues. Take a look at Apple and Samsung’s patent
lawsuit: after Apple had initially won the lawsuit in 2014, its victory was
overturned on Samsung’s appeal.

Designers need their own contracts and their rights
protected above all. Here’s how a lawyer can help you with all of that:

A lawyer can draft a
contract tailored to your needs

Prior to entering any agreement between yourself and a
client, a lawyer would urge you to prepare a contract. This contract exists as
a formal legal document that both you (the designer) and your client are
blinded to. The client must understand that before they acquire your services
and commission you, the contract is there to protect your rights. Especially
when time is of the essence, a lawyer will help you draft a contract based on
the context of your needs and requirements even under the pressure of time constraints.

A lawyer saves you
time and reduces your risks

In most — if not, all — contracts, a proper contract will
have the designer’s terms and conditions included in it. This is to create
transparency and clarity between both parties. Your terms of services are
another layer of protection for your and your creative property. Undoubtedly, you’ve
come across other businesses’ or designers’ individual terms and conditions and
they’re seemingly filled with legal jargon. You might be tempted to find a
terms and conditions template and substitute your name in, but it may not give
you the customization and proper protection you need. Instead of putting
yourself through the risk and hassle, a lawyer grants you the security that
your terms and conditions are done the right way.

Lawyers help
designers understand their rights

It’s important to distinguish the difference between selling
your work and selling your rights. While both reward you with your livelihood,
only one protects your copyright. In the harsh reality of the world, companies
can and will discretely add clauses to contracts that abolish your rights to
your work. Without any experience, a designer can negligently gloss over the
fact. A lawyer can help you identify these clauses, and can then proceed to
either have the clause removed or, in the very least, have its scope mitigated.
As a designer, it’s important you protect your brand as much as your
intellectual property.

Hiring a lawyer is the smartest investment you’ll make. Not
only will you grant yourself peace of mind, but you’ll free up your time from
handling the legalities of your profession. You’ll have more time to focus your
energy towards your passion, rather than redirecting it towards the constant
worrying of protecting your intellectual property.

Written by Daza Design

Daza Design is an online design agency that provides
website, logo, and print design services. Their top-notch services have helped
clients in a wide range of industries. They love all things design. It’s what
they do from pixels to print.

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